One year guarantee rights?

schrodie

bris wrote: »

Only if the retailer fails to deal with the problem.
I.e the retailer is willing to repair the item then the CC co would not get involved, and would not allow you to ask for a replacement, as the retailer is offering fair remedy.

If the retailer refuses to do anything, then the CC become equally liable.

I see. As above the retailer has told me that I need to send it back to Samsung as it's a fault with one of their products.

Valli

THIS is the link which takes you to direct gov and their advice.

Valli

schrodie wrote: »

I was told by the store to keep hold of the receipt as that was my guarantee if anything went wrong with the product in the first year.

But that doesn't actually tell us who offered the guarantee, the manufacturer or retailer. Given that we now know a bit more chances are that this is a manufacturer's guarantee hence the request to return the item to them.

If you do return to manufacturer

log IMEI number of the phone somewhere
contact manufacturer prior to posting it to get EXACT address
send it by a tracked system and check how much PO will pay out if it gets lost in the post

wealdroam

Schrodie, I think you need to read MSE's Consumer Rights article.

In there you will find lots of good stuff, including...

Know who's responsible
When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods, you must contact the manufacturer. This is total nonsense! If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contact is with them.

Valli

Also Schrodie, we're not aware of the timescale.

When did you buy the item?

schrodie

Valli wrote: »

Also Schrodie, we're not aware of the timescale.

When did you buy the item?

Sorry Valli et al.

I bought the Tab last October. As for the store receipt, the salesman said as far as I can recall that the store receipt acts as proof of purchase and as my one year guarantee, no mention of with whom the guarantee was with I just assumed as I was dealing with Curry's PC World then the guarantee was with them. Yet when I rang their CS to report the fault they told me that that particular class of item had to be sent directly back to Samsung.

So if I read all your very helpfull posts correctly a consumer doesn't really have the right to a replacement unless the retailer agrees. The consumer basically has to do what the retailer says.

I'll study the MSE link.

Thanks again to all.

timbstoke

The situation is this:

- You are not responsible for sending it back to, or contacting, Samsung. Currys are.
- You can request whatever you like, but they can refuse, and chances are, they will. They'll just send it back to Samsung on your behalf.
- With this in mind, it might actually be simpler to contact Samsung yourself. Dealing with DSG may just be added hassle that you really don't need. However...
- The remedy offered by the retailer must not take an unreasonably long time. That time isn't defined anywhere, but I would suggest that 28 days would be unreasonable for a consumer item. Of course, they'll flatly refuse to do anything about it even it the delay does become unreasonable, so there's little point pursuing it.
- Do not, under any circumstances, part with your original receipt. Anyone who wants proof of purchase can have a photocopy of it.

In your shoes, I would do one of the following:

- Return the item to Currys and insist they fulfil their obligations.

Or

- Call Currys again, and record the call. Tell them about the fault, so you have a recording of them telling you that you need to talk to Samsung yourself.
- Do as they ask. Keep the recording so that, if Samsung replace the tablet, and a subsequent fault develops, Currys can't wriggle out of their obligations by claiming that it isn't the same tablet they sold you, they weren't given the opportunity to inspect the original fault, and therefore any fault with the replacement is not their problem.

neilmcl

There are two different issues here. Firstly the guarantee is in addition to your statutory rights and if you're getting a remedy under the guarantee then it'll be down to whatever are the T&Cs of said guarantee. If, you're not happy accepting those terms then you have the option of exercising your statutory rights under the terms of the SOGA and as mentioned above this remedy could be one of repair, replacement or refund (partial dependant of existing usage).

schrodie

Thank you 'tombstone' & neilmcl' it's appreciated.

Clearly I cannot receive a replacement as the law is stacked in favour of the retailer i.e. the retailer can insist on a repair being the first course of action, so the notion of a consumer being able to receive a replacement is to a first approximation not quite the case.

I really don't trust or have a lot of faith in Curry's/PC World carrying out an effective repair or even taking reasonable care of this item so it seems my only option is to return the Tab myself to Samsung to get them to affect a repair. I understand that they will organise this for me in that they'll send me the necessary packing etc.

It seems that when you dig a tad deeper into Consumer Rights the 'Rights' is written with a very small 'R'

What irks me slightly is that Curry's are effectively washing their hands of this whole affair despite the fact that they sold me the item.

My thanks to all. :-)

s_b

schrodie wrote: »

Thank you 'tombstone' & neilmcl' it's appreciated.

Clearly I cannot receive a replacement as the law is stacked in favour of the retailer i.e. the retailer can insist on a repair being the first course of action, so the notion of a consumer being able to receive a replacement is to a first approximation not quite the case.

I really don't trust or have a lot of faith in Curry's/PC World carrying out an effective repair or even taking reasonable care of this item so it seems my only option is to return the Tab myself to Samsung to get them to affect a repair. I understand that they will organise this for me in that they'll send me the necessary packing etc.

It seems that when you dig a tad deeper into Consumer Rights the 'Rights' is written with a very small 'R'

What irks me slightly is that Curry's are effectively washing their hands of this whole affair despite the fact that they sold me the item.

My thanks to all. :-)

i think you are being too hard on the retailer
fair does your machine has broke but you've had it since oct so if retailer took it back and gave you a new one he would end up losing out as even fixed he would have to sell to a third party for a paltry sum
remember they are there to retail and make profit not lose it down the drain by replacing all faulty items
he therefore suggests you fast track it to samsung rather than going through instore procedure
this seems most reasonable to me and best for you